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What do you know about testamentary trusts?
A trust protects your assets and determines where those assets will go once you are gone. Three common types of trusts are a revocable trust, an irrevocable trust, and a testamentary trust.
Most trusts, like revocable and irrevocable trusts, are made and actively used while the trustor (or the creator of the trust) is still alive. In contrast, a testamentary trust only comes into being after the trustor’s passing.
A testamentary trust is created based on explicit instructions written into a will. In it, a trustee, (or the person who manages the assets on behalf of beneficiaries of the trust) is appointed and given instructions on how to distribute the estate. The trustee can decline the position. If a trustee does decline the position, a court can appoint someone to act as trustee. It is best to select a trustee that is willing and able to administer your estate after you are gone in order to limit the court’s involvement.
Advantages of testamentary trusts:
There are many advantages to creating a testamentary trust. The following are reasons that you may want to consider setting up a testamentary trust.
1. A testamentary trust can establish that assets cannot be paid to beneficiaries until certain conditions are met. This is especially helpful for parents who wish to condition the receipt of funds for children. For example, you may condition the disbursement of assets on a child reaching a certain age, graduating from college, or marriage.
2. A will can have more than one testamentary trust, meaning that there is no limit to the number of beneficiaries one can have. This ensures that assets will get distributed according to your desires, depending on the conditions you set.
3. Creating a testamentary trust is inexpensive. A testamentary trust does not come with the same costs as establishing a living trust. This can be beneficial if you cannot afford to establish a trust because the cost of creating a testamentary trust comes out of the estate.
4. There are tax benefits in using a testamentary trust as opposed to another type of trust. Testamentary trusts only require payment of income taxes on the trust as a whole. This means that the beneficiaries are not required to pay taxes on their distributions from the trust.
Disadvantages of testamentary trusts:
There is one major downside to establishing a testamentary trust: a testamentary trust must go through probate. Probate is the court procedure by which assets are distributed after an individual has passed away. Probate can be extremely expensive and lengthy. Assets cannot be distributed until probate is complete and assets are then transferred into the trust.
Knowing what type of trust is right for you can seem confusing and difficult. We are here to help you decide what plan is right for you based on your individual circumstances and needs. If you have any questions about how to plan for your future and the future of your loved ones, contact us today at 385.334.4030 or email@skvlegal.com.
It sounds like something out of a movie: A wealthy man passes away, leaving behind a historic manor, a million-dollar estate, and two women claiming to be his rightful heir.But this isnt fictionits a real case thats making headlines. And while most of us dont have castles and wine collections to pass on, the lessons from this case apply to everyone.At Bellomo & Associates, we believe estate planning isnt just about moneyits about love, legacy, and protecting the people you care about.The Real-Life Drama UnfoldsJustin Bodle was a successful British TV producer. When he died in 2019, he left behind a fortune worth $29 million. But heres where it gets messy His most recent will, written in 2013, left everything to his estranged wife. Since then, he had a new partner and two additional children but never updated his documents. Now, his partner is fighting for what she believes is fair under inheritance laws, while the wife (also the executor) claims the estate is drained by debts and taxes. Its ugly. And preventable. What Went Wrong?His will didnt reflect his current family life.There was no plan to care for the partner or new children.There wasnt enough liquidity to handle taxes and expenses.The result? A bitter court battle, expensive legal fees, and uncertainty for everyone left behind.What Does This Have to Do with You?Even if you dont own a manor in the English countryside, heres what you can learn:Update your plan after life changes. Divorce, remarriage, new kidsit all matters.Be specific. If you want to provide for a partner or child, spell it out clearly.Dont rely on good intentions. Executors have legal duties, not emotional ones.Think about cash flow. Your loved ones will need money to settle your affairs.Get help from a pro. Estate planning is not a DIY project, especially in blended families.Your Legacy Should Be Love, Not LitigationStories like this make headlines because theyre dramatic, but behind every court battle is a family thats hurting. You can avoid that. Lets build a plan that reflects your real life, real values, and real wishesso your loved ones are taken care of and stay out of court.
Planning for the future is one of the most important things we can do for our loved onesand ourselves. In the Western Slope of Colorado, estate planning is an essential step for seniors who want to ensure their wishes are respected, their assets are protected, and their families are supported.Whether you're just beginning to explore estate planning or looking to update an existing plan, this guide will help you understand the key components of estate planning and how to access helpful local resources in the Western Slope area. What Is Estate Planning?Estate planning is the process of arranging for the management and distribution of your assets and responsibilities in the event of your death or incapacitation. Its not just for those with large estatesestate planning is a smart and necessary step for anyone who wants to:Protect property and financial assetsEnsure their wishes are followedMinimize family disputesAppoint guardians for dependentsPlan for healthcare decisionsA well-crafted estate plan typically includes documents like a will, trust, durable power of attorney, and advance healthcare directive. Why Estate Planning Matters for SeniorsAs we age, the need for legal and financial clarity becomes increasingly important. Estate planning provides peace of mindnot only for the person making the plan but for their family members as well.In the Western Slope region, where many seniors value independence and community, estate planning is especially helpful in addressing:Long-term care considerationsAsset protection for loved onesTransferring property, land, or family businessesCharitable givingReducing estate taxesBy planning ahead, seniors can avoid unnecessary legal complications and protect the legacy they've worked hard to build. Estate Planning Resources in the Western Slope of ColoradoThe Western Slope encompasses a diverse and vibrant part of Colorado, with strong local support networks for seniors and their families. Estate planning services in this area range from elder law professionals to non-profit legal aid and senior resource centers.Start your search here: Explore Senior Resources in the Western Slope Browse Estate Planning Services in the Western SlopeBe sure to look for services that offer:Experience working with seniorsCompassionate, clear communicationTransparent pricing or sliding-scale feesEducational workshops or free consultations Key Components of a Strong Estate PlanIf you're working with a legal professional or starting a DIY plan, make sure to include these essential pieces:Will: Outlines how your property should be distributed and who will serve as guardian for any dependents.Trust: Helps manage and distribute assets while potentially avoiding probate.Durable Power of Attorney: Authorizes someone to manage your finances if you're unable to do so.Advance Healthcare Directive: Specifies your medical care preferences and names someone to make decisions on your behalf if necessary.Beneficiary Designations: Ensures your life insurance, retirement accounts, and other policies are up to date.Even small updateslike changing a beneficiary or updating an addresscan make a big difference when the time comes. Local Insight: Estate Planning in Rural and Mountain CommunitiesOne of the unique aspects of estate planning in the Western Slope is the variety of property types and lifestyles. Many residents own land, ranches, or vacation homes, which require special attention in estate documents. Its also common for families to live in multi-generational households or have long-standing ties to their community.Working with a professional who understands the local context and real estate laws in Colorado is important for ensuring your estate plan is legally sound and culturally sensitive. Final ThoughtsEstate planning isnt just about preparing for the endits about creating a legacy, protecting your loved ones, and maintaining control over the decisions that matter most to you. If youre ready to begin or revisit your estate planning journey, the Western Slope offers trusted professionals and community resources to support you along the way. Taking action now can ease the burden on your family and give you confidence about the future.
Understanding the Role of a Geriatric Care Manager in UtahAs Utahs senior population continues to grow, so does the need for coordinated care and expert guidance. Navigating aging-related challengeswhether medical, financial, or emotionalcan feel overwhelming. Thats where a Geriatric Care Manager (GCM) comes in.A Geriatric Care Manager is a trained professionaloften a nurse, social worker, or gerontologistwho specializes in helping older adults and their families plan and manage long-term care. In Utah, where seniors value both independence and family support, GCMs are becoming increasingly important for bridging the gap between healthcare, home support, and overall well-being. What Does a Geriatric Care Manager Do?In Utah, Geriatric Care Managers provide a wide range of services that can include:Creating care plans tailored to the seniors medical, emotional, and social needsCoordinating medical appointments, home care, and therapiesHelping families make informed decisions about housing, healthcare, and legal planningMonitoring care quality and advocating for the senior in healthcare or senior living settingsOffering emotional support and crisis interventionThese services are especially valuable in Utahs mix of rural and urban communities, where access to care and family proximity can vary widely. When Should You Hire a Geriatric Care Manager in Utah?You might consider hiring a GCM in Utah when:Your loved one is facing multiple health conditions or cognitive declineYoure struggling to coordinate care from out of stateThe senior lives alone and may be at riskConflicts are arising in the family around care decisionsYou need help understanding local resources or government benefitsBecause Geriatric Care Managers are deeply familiar with Utahs senior support network, they can help you avoid costly mistakes and ensure nothing falls through the cracks. The Value of Local ExpertiseUtahs senior population is unique. From Salt Lake Citys urban healthcare resources to rural areas with limited-service availability, navigating options requires deep local knowledge. GCMs based in Utah understand the states systems, culture, and care landscape, making them especially effective advocates.Whether your loved one is in St. George, Ogden, Provo, or a more rural county, a Utah-based Geriatric Care Manager can tailor support that respects their preferences and improves their quality of life. How to Find a Geriatric Care Manager in UtahNot sure where to begin your search? Start with trusted, neutral directories that specialize in senior care. The Seniors Blue Book offers a carefully curated directory of senior resources across Utah, including Geriatric Care Management services.Explore your options here: Utah Senior Resources Directory Geriatric Care Manager Listings in Utah Final Thoughts As caregiving responsibilities grow more complex, a Geriatric Care Manager in Utah can provide peace of mind and expert oversight. Whether you live nearby or far away, working with a GCM ensures your loved one receives compassionate, comprehensive careright when they need it most.
Welcome to Lear & Lear. Lear & Lear offers comprehensive estate planning services designed to cater to various needs and circumstances, ensuring that clients are well-prepared for their futures. Our services span from creating Wills and trusts, updating existing estate plans, drafting Powers of Attorney and Healthcare Directives, creating guardianships and conservatorships, and to navigating the complexities of probate. Estate Planning Services:- Lear & Lear emphasizes the importance of creating a tailored estate plan that may include Wills, Trusts (living, testamentary, revocable, irrevocable, funded, or unfunded), and other estate planning tools. Our approach is to provide peace of mind by ensuring smooth transitions during times of bereavement and incapacity, as well as safeguarding your wishes and assets for the future. Powers of Attorney and Healthcare Directives:- Recognizing the critical role of Powers of Attorney and Healthcare Directives, Lear & Lear assists clients in designating trusted individuals to manage financial and healthcare decisions. These documents are essential for ensuring that your preferences are honored in cases of incapacity, providing a layer of protection, and avoiding unnecessary legal complications. Basic Estate Plan Components:- A typical estate plan outlined by Lear & Lear may include a Will, Trust, General Assignment of Assets, Financial Power of Attorney, and an Advance Health Care Directive. Each component plays a crucial role in ensuring your assets are managed according to your wishes, providing comprehensive coverage from asset protection to healthcare decisions. Real Estate and Probate Avoidance:- Our firm also addresses the intricacies of real estate within estate planning, offering guidance on ownership types like Joint Tenancy and Tenancy in Common, and strategies such as Life Estates and Transfer on Death Deeds to bypass probate and ensure direct transfer of property to beneficiaries. This service is particularly valuable for clients looking to streamline the transfer of valuable real estate assets. Probate and Estate Planning Connection:- Our firm has a clear understanding of the complexities of probate, differentiating between formal and informal probate and the impact of having a Will or Trust on the probate process. Our expertise extends to facilitating a smoother process or avoiding probate altogether through strategic estate planning, thus saving time, reducing legal fees, and preventing disputes among beneficiaries. Role of Probate Attorneys:- For clients navigating the probate process, Lear & Lear outlines the importance of having a skilled probate attorney. We offer comprehensive support as probate attorneys, from valuing assets and filing court documents to managing estate taxes and settling disputes. Our emphasis on empathetic, expert guidance reflects our strong commitment to making the probate process as stress-free as possible for you. For individuals or families looking to secure their future and ensure their wishes are respected, Lear & Lear offers a robust and empathetic approach to estate planning and probate. Our services have been designed to address the legal, financial, and personal aspects of estate planning, ensuring clients receive personalized advice and support tailored to their unique circumstances. Our team of attorneys is here to help you make the best possible decisions for you and your loved ones. Reach out to us today by phone at (385) 334-4030, or by email at katie@skvlegal.com.